Our Terms & Conditions

Wayband™ Pre-Order Reservation

Last updated: Nov. 5, 2017

Welcome to the web site provided by WearWorks, Inc. (referred to as “WearWorks,” “us”, “we”, or “our,”) at http://www.wear.works or any http://www.wear.works sub-domains (the “Site”). These pre-order reservation terms and conditions (“Terms”) apply to the pre-sale of the Wayband™ wearable haptic navigation device for the blind or visually impaired (“Wayband™”).

WearWorks may change these Terms without prior written notice at any time, in our sole discretion. Please review the latest version of these Terms prior to placing any Pre-Order Reservations (defined below) for Wayband™. Your continued use of this Site or placement of a Pre-Order Reservation after a posted change in these Terms will constitute your acceptance of and agreement to such changes. If you have any questions regarding these Terms, please contact us at hello@wear.works.

BY PLACING AN ORDER FOR A Wayband™ FROM THIS SITE, YOU ACCEPT, AGREE TO, AND ARE LEGALLY BOUND BY, THESE TERMS, AND ANY AND ALL ADDITIONAL TERMS AND POLICIES WE PROVIDE, INCLUDING, WITHOUT LIMITATION, OUR PRIVACY POLICY http://www.wear.works/privacy-policy (“PRIVACY POLICY”) AND ALL TERMS INCLUDED IN-BOX WITH THE Wayband™, SUCH AS ANY AND ALL Wayband™ WARRANTIES. PLEASE CAREFULLY REVIEW OUR PRIVACY POLICY TO LEARN ABOUT HOW WE COLLECT AND USE YOUR DATA BEFORE PLACING A PRE-ORDER RESERVATION FOR THE Wayband™ THROUGH THIS SITE.

THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER IT, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Pre-Order Reservations.

a. Offer. WearWorks may provide you with the opportunity to reserve and pre-order Wayband™. Wayband™ devices made available for reservation and pre-order are not offered for sale by WearWorks. Reserving a Wayband™ and placing a pre-order does not create a contract of sale; rather, you are making an offer to WearWorks to purchase the Wayband™, subject to these Terms (each offer, a “Pre-Order Reservation”).

b. Credit or Debit Card Charges. When you place your Pre-Order Reservation, our Payment Service Provider (defined below) will obtain an authorization hold from your bank or credit card company at no charge and this authorization may stay open until the charge is actually made. This hold is released from the account depending on your bank's specific policies. If you are using a credit card gift card, the funds will immediately be deducted from your account (see “Payment Methods” below). Later, when the Wayband™ is offered for sale, WearWorks may accept your offer to purchase Wayband™, subject to these Terms. At that time, our Payment Service Provider will charge your payment card and ship your Wayband™. Our Payment Service Provider may obtain an additional authorization from your payment card company to confirm the necessary funds are available to purchase the Wayband™ requested.

c. Shipping. If WearWorks provides an expected shipping date, such date is an estimate and subject to change. WearWorks shall not be liable for any change in such expected shipping date.

d. Cancellation. You may cancel your pre-order at any time prior to shipment by calling our customer service department at (347) 791-4991, during normal business hours 9 am to 5 pm ET, excluding New Year’s Eve and Day, Memorial Day, July 4, Thanksgiving Day, Christmas Eve & Day. If you cancel, you will not be charged. WearWorks reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or any portion of your order is cancelled, or if additional information is needed to complete and accept your order.

e. Account Required. A WEARWORKS user account is required in order to activate and use the Wayband™ (“Wayband™ Activation”). The WEARWORKS account registration will be offered to you once you have received your Wayband™.

f. Eligibility. Any use of this Site or Wayband™ devices by anyone under 13 is strictly prohibited and in violation of these Terms.

2. Prices and Payment Terms for Pre-Order Reservations.

All descriptions of the Wayband™, prices, and payment terms posted on this Site are within our sole discretion and subject to change at any time, without notice. The price charged for a Wayband™ and payment terms will be the price and payment terms in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or shipping and handling charges. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Payments for the Wayband™ are processed through one of our third-party payment service providers, currently [Stripe] (each, a “Payment Service Provider”). Payment must be received by our Payment Service Providers before our acceptance of an order. Each of our Payment Service Providers accepts the Payment Methods listed below. For all purchases, our Payment Service Providers will collect your payment method details and charge your payment method in connection with an order. You represent and warrant that (a) the account, order, and payment method information you supply to us or our Payment Service Providers, as applicable, is true, correct and complete, (b) you are duly authorized to use such payment method for the purchase, (c) charges incurred by you will be honored by your payment method company, and (d) you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any. If any of your account, order, or payment method information changes, you agree to promptly update this information, so that we or our Payment Service Providers may complete your transactions and contact you as needed. We are not liable for any unauthorized use of your credit card, debit card, or other payment method by a third party in connection with your use of the Site or Wayband™.

§ Payment Methods:

Credit cards accepted:

· American Express

· Discover

· MasterCard

· Visa

Other forms of payment:

· Credit card gift cards from Visa, MasterCard and American Express

We do not accept:

· CODs

· Layaway Plan

· Personal Checks

· Money Orders

*Credit Card Gift Cards can only be redeemed for orders less than the full amount available on the gift card. Orders cannot be split between two forms of payment when using a Credit Card Gift Card.

3. Shipping

Wayband™ devices reserved as Pre-Order Reservations are not immediately available for shipping, and therefore, will not ship until a later date. Your reserved items should arrive by the expected delivery date, which is shown at checkout. The expected delivery date for reserved items is an estimated date and cannot be guaranteed. You will be notified via email if there is an issue that will delay your delivery beyond the expected delivery date.

We are offering free ground shipping for all Wayband™ devices ordered during the Pre-Order Reservation, which will be shipped via the U.S. Postal Service, for delivery in the continental U.S. only.

Shipping to a Different Address. Your billing and shipping addresses may be different.

4. Shipments; Delivery; Title and Risk of Loss.

We will arrange for packing and shipment of the Wayband™ to you. Shipping options for the Wayband™ will be presented to you during checkout. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon our transfer of the Wayband™ to the carrier/delivery. Scheduled shipping and delivery dates are estimates only and cannot be guaranteed. We will make commercially reasonable efforts to ship the Wayband™ to you by the scheduled delivery dates, but we are not liable, under any circumstances, for any losses, damages or penalties due to any delays in shipments or deliveries.

5. Canceling an Order

You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our customer service department at (347) 791-4991, during normal business hours 9 am to 5 pm ET, excluding New Year’s Eve and Day, Memorial Day, July 4, Thanksgiving Day, Christmas Eve & Day.

6. Return Policy/30-Day Money Back Guarantee

We want each of our customers to be totally excited about their Wayband™, and are pleased to offer a 30-Day Money-Back Guarantee. If you are not 100% satisfied, we will accept a return of the Wayband™ for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of your Wayband™ Activation and provided such Wayband™ is returned in its original condition, as determined in our sole discretion. To return Wayband™, you must include all components of the Wayband™ and include their original packaging when sending them back to us.

You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

Refunds are processed within approximately the next two (2) billing cycles of your payment method statement from the date we receive your merchandise. Your refund will be credited back to the same payment method used to make the original Pre-Order Reservation on the Site.

7. Exchanges

During the first 12 months from the delivery date of your Wayband™, if you are not able to make your Wayband™ work and you have worked with us directly to resolve the issue, we may determine that an exchange is necessary. If in our sole discretion we determine that an exchange is necessary, we will refer you to customer service to arrange for a replacement of the affected Wayband™ Component(s).

8. United States Only

ALTHOUGH OUR SITE MAY BE ACCESSIBLE WORLDWIDE VIA THE INTERNET, THE Wayband™ OFFERED ON OUR SITE CURRENTLY ARE MADE AVAILABLE ONLY FOR USE IN THE CONTINENTAL UNITED STATES AND HAVE NOT BEEN DESIGNED OR TESTED FOR USE IN OTHER COUNTRIES OR THE U.S. TERRITORIES OR POSSESSIONS. IF YOU CHOOSE TO PURCHASE OR USE Wayband™ FROM OUR SITE OUTSIDE OF THE CONTINENTAL UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE APPLICABLE LOCAL LAWS OF YOUR COUNTRY. WE APPRECIATE YOUR INTEREST IN WEARWORKS AND WILL POST UPDATES ON OUR WEBSITE IF AND WHEN OUR Wayband™ DEVICES ARE MADE AVAILABLE FOR PURCHASE IN OTHER COUNTRIES AND/OR IN THE U.S. TERRITORIES AND POSSESSIONS.

9. Limited Warranty

We warrant that for a period of [thirty (30)] days from SHIPMENT OF YOUR Wayband™ (the “Warranty Period”), Wayband™ will operate in substantial conformity with the Documentation ACCOMPANYING THE DEVICE. WE DO not warrant that YOUR USE OF THE Wayband™ will be uninterrupted or error-free. OUR sole liability (and YOUR exclusive remedy) for any breach of this warranty will be, in OUR sole discretion, to use commercially reasonable efforts to provide YOU with an error-correction or work-around which corrects the reported non-conformity, to replace the non-conforming Wayband™, or TO refund the feeS paid FOR YOUR Wayband™. WE will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period.

You understand that YOUR Wayband™ is still under development, may be inoperable or incomplete and may contain errors and bugs. We make no promises that Wayband™ will ever be made generally available. All information regarding the characteristics, features or performance of Wayband™ constitutes OUR Confidential Information (as defined in Section 11 below). YOUR use of Wayband™ is subject to any additional terms that WE SPECIFY. YOU may not use Wayband™ for competitive analysis or similar purposes. Notwithstanding anything to the contrary herein, to the maximum extent permitted by applicable law, AND Except for express warranties that cannot be disclaimed, Wayband™ IS provided on an “as is” and “as available” basis, and Wayband™ IS provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. WE DISCLAIM all obligations or liabilities with respect to Wayband™ except as expressly set forth herein.

WAYBAND™ & WAYBAND™ SPORT ARE NOT SUBSTITUTES FOR OTHER NAVIGATION AIDS NORMALLY USED BY THE BLIND TO AID IN WALKING OR RUNNING ACTIVITIES, SUCH AS THE WHITE CANE, GUIDE DOGS, OTHER PEOPLE AS AIDES AND/OR BASIC MOBILITY TRAINING. WEARWORKS RECOMMENDS THAT WAYBAND™ DEVICES SHOULD ONLY BE USED WITH SUCH TRADITIONAL NAVIGATION METHODS.

10. Limitation of Liability

THE LIMITED WARRANTY PROVIDED IN SECTION 9 AND WITH YOUR Wayband™ IS YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF SUCH LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE Wayband™ THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. Confidential Information

You agree that all software, inventions, know-how, documentation and proprietary business and technical information you obtain from us, and all performance information relating to the Wayband™, constitutes our confidential information (“Confidential Information”). You will hold in confidence and not use or disclose any Confidential Information except as expressly permitted hereunder. This nondisclosure obligation will not apply to information which: (a) was rightfully in your possession or known to you prior to receipt of the Confidential Information; (b) is or has become public knowledge through no fault of your own; or (c) is rightfully obtained by you from a third party without breach of any confidentiality obligation. You may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to us). We may seek injunctive or equitable relief in a court of competent jurisdiction, without posting a bond, to protect our Confidential Information.

12. Intellectual Property

WearWorks and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights and other proprietary rights in and to the Wayband™ and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Wayband™, or of any intellectual property rights or other proprietary rights relating to the Wayband™. You from time to time, may submit comments, questions, ideas or other feedback to us (“Feedback”). We may in connection with any of our products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. Nothing in this Agreement limits our right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.

13. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your Pre-Order Reservation through the Site.

14. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, manufacturers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

15. Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

16. Dispute Resolution and Binding Arbitration.

YOU AND WEARWORKS AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION.

Either WearWorks or you may demand that any dispute between WearWorks and you in connection with a Pre-Order Reservation must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent WearWorks from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER IN CONNECTION WITH A PRE-ORDER RESERVATION, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

17. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

18. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of WearWorks.

19. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

20. Notices

To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to hello@wear.works. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

21. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

22. Entire Agreement. Our order confirmation, these Terms, our Privacy Policy, and all terms included in-box with the Wayband™, including any limited warranty, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.